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How can you protect your business during a divorce?

On Behalf of | Jan 28, 2025 | Divorce

Divorce can be complex, especially when a business is involved. If you own a business in Ohio, protecting it during a divorce is essential to avoid financial disruption. Planning and understanding the legal process can help safeguard what you’ve built.

Determine if the business is marital property

Ohio follows equitable distribution laws, meaning marital property gets divided fairly, though not necessarily equally. The first step is determining whether your business is considered marital property. Businesses started during the marriage or significantly improved with marital assets are usually subject to division. However, if you established the business before marriage and kept it separate, it may be considered separate property.

Get an accurate business valuation

A business valuation ensures fairness in property division. A qualified valuation expert will determine your business’s worth based on assets, income, and market conditions. This process is critical because an undervalued business may lead to unfair settlements. A proper valuation helps clarify its role in the divorce process, allowing you to negotiate effectively.

Protect your business through legal agreements

Prenuptial or postnuptial agreements can outline what happens to your business in case of divorce. If you didn’t establish such agreements, consider negotiating with your spouse during the divorce. Options include buying out their share or trading other marital assets. Additionally, separating personal and business finances during the marriage strengthens your case for keeping the business as separate property.

Limit business involvement in marital finances

Maintain clear boundaries between your business and marital assets. Avoid using marital funds to grow the business or adding your spouse as a co-owner without considering the legal implications. Keeping detailed financial records and having clear roles can reduce disputes over ownership during a divorce.

It’s possible to protect your business with careful planning and strategic decisions. Staying informed about property division laws helps ensure a fair outcome while preserving your hard work.

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